Nursing Home Abuse

When an elderly loved one needs to be placed in a nursing home, you expect that the facility and staff will take care of their needs and well-being. Nursing homes today are found to often be under staffed and reports of abuse and neglect are surfacing.

Sadly, statistics show that a third of all nursing homes in the United States have been cited from nursing home abuse. Around 1.5 million people over the age of 65 have suffered from abuse, neglect, or mistreatment from their primary caregiver. Reported elder abuse cases involve emotional abuse, physical abuse, sexual abuse and neglect.

Nursing home abuse takes many dastardly forms. Abuse of the elderly can include physical, emotional or financial abuse. Reports show that each year thousands of elderly patients will die from dehydration, malnutrition, starvation, and bedsores. These are all deadly things that could have been prevented giving adequate care and supervision.

Physical abuse of the elderly is defined as non-accidental physical force used on an elderly person. This excessive force can result in injury, impairment and even death. Hand in hand with physical abuse is nursing home neglect. Neglecting to care for a nursing home patient causes physical damage that is often irreparable or deadly.

While physical abuse is the most obvious, other types of abuse are just as harmful and can cause long term problems. Emotional abuse is one such case. Emotional abuse occurs when the nursing home patient is mentally tortured with purposely hurtful words and fear tactics. Leaving and encouraging fear and anxiety in an elderly patient can manifest into physical pain.

Financial abuse of the elderly may be the most common type of all. Financial abuse is perpetrated when a person of authority uses their position to extort or steal money from the nursing home patient. This can be with or without the patient’s knowledge. Often, a financial abuser will gain the trust of a lonely, elderly person and finagle their money from them. This happens quite often with patients who have little or no family. Credit cards, bank accounts and cash are prime targets for financial abusers.

Cases of these sorts are heard every year in California. Consider the case of Alton Stoval Sr vs. Edgemoor Senior Care Facility in San Diego. He fell from his bed and bled to death. The family of Mr. Stoval was rewarded 2.1 million dollars in compensatory damages.

Unfortunately, statistics from the California Attorney General show elder abuse in rampant in the state. Studies show that from 1999 to 2001 only one of the nearly 500 nursing homes in Los Angeles County was in full compliance with the state laws governing elder care facilities. Since this study the state doubled its nursing home abuse prosecution programs.

Nursing home abuse can be prosecuted as either a felony or a misdemeanor. A conviction of California Penal Code 368 PC felony elder abuse can result in up to $10,000 in fines, probation and up to four years in a state prison. A conviction of California Penal Code 368 PC misdemeanor elder abuse can bring a penalty of probation, one year of county jail, restitution to victim and a fine of up to $6,000.

In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long. 

Elder abuse can cause permanent damage or death to the victim but also causes irreparable damage to victim’s families. Being able to recoup some of the many expenses related to a nursing home abuse situation goes a long way to help in the recovery process. While money can’t fix everything, it can help to alleviate the suffering and worry that happens in these situations.

Moseley Collins is a personal injury attorney serving those badly hurt throughout Northern California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
https://www.moseleycollins.com/